Ex semi driver fired over damaged trailer

[rayman]

What is the name of your state (only U.S. law)? MN but worked for company out of WI
I entered into a contract with an over the road trucking company (they ran their own school) they financed and trained me- my loan would have been forgiven after a year of employment.

I was terminated after 5 months- what happened was I dropped off a loaded trailer at a customer (as instructed). The next driver picking up the same trailer- now empty- reported considerable damage to the trailer (10 grand worth as I understand)
My employer told me they recieved video evidence from the customer which shows me entering their property while attatched to the already damaged trailer
My reason for being fired was "I should be aware of damage at all times" and "because I did not report the damage it is a policy violation"
(I performed all required pre-trip and post-trip vechicle inspections and never noticed any damage)

I was approved for unemployment benefits

I wrote a letter to ex-employer requesting my employment file and as well as a copy of this video evidence.
I recieved my employment file but no copy of evidence. Their resoning was "I will not release those specific documents at this time as it contains other information, which is not part of your employment file and that which I cannot redact."

Is there anything else I can do? Could this be wrongful termination?
Obviusly/unfortunatily the loan payback is a big motivating factor for me

 

[Banned_Princess]

What is the name of your state (only U.S. law)? MN but worked for company out of WI
I entered into a contract with an over the road trucking company (they ran their own school) they financed and trained me- my loan would have been forgiven after a year of employment.

I was terminated after 5 months- what happened was I dropped off a loaded trailer at a customer (as instructed). The next driver picking up the same trailer- now empty- reported considerable damage to the trailer (10 grand worth as I understand)
My employer told me they recieved video evidence from the customer which shows me entering their property while attatched to the already damaged trailer
My reason for being fired was "I should be aware of damage at all times" and "because I did not report the damage it is a policy violation"
(I performed all required pre-trip and post-trip vechicle inspections and never noticed any damage)

I was approved for unemployment benefits

I wrote a letter to ex-employer requesting my employment file and as well as a copy of this video evidence.
I recieved my employment file but no copy of evidence. Their resoning was "I will not release those specific documents at this time as it contains other information, which is not part of your employment file and that which I cannot redact."

Is there anything else I can do? Could this be wrongful termination?
Obviusly/unfortunatily the loan payback is a big motivating factor for me

You are receiving unemployment. That is about all you can do.

they don't have to release anything to you, and you weren't wrongfully terminated.

you probably will have to repay the loan. good luck with the job search.

 

[cbg]

What law do you believe they violated by firing you?

 

[Banned_Princess]

What law do you believe they violated by firing you?

The "I'm special" and "I have the right to a fair trial" rule. lol

 

[justalayman]

Presumably you have a contract regarding this loan. Does it state if they have to have just cause for a termination?

If they attempt to recover the costs of the training, you might be able to obtain the video evidence as support that the termination was not proper per the contract since the termination is based on your failure to report the damage that you claim is non-existent. Other than that, you have no right to the video.

 

[LdiJ]

Presumably you have a contract regarding this loan. Does it state if they have to have just cause for a termination?

If they attempt to recover the costs of the training, you might be able to obtain the video evidence as support that the termination was not proper per the contract since the termination is based on your failure to report the damage that you claim is non-existent. Other than that, you have no right to the video.

I agree...however, this could be an interesting "business plan". Get potential new employees to pay for training via student loans from the company, work them for a few months and then find an excuse to fire them, and then make them pay the student loans.

 

[OHRoadwarrior]

Your recourse is to parlay the experience and training you gained there into another driving job. Use the income from your new job to pay the loan agreement. You can address any dispute as to whether you damaged the trailer with your response to any negative reference with Hireright. If you read your training contract it will likely outline they can fire you for anything they deem a violation of policy, whether it actually is or not.

 

[justalayman]

I agree...however, this could be an interesting "business plan". Get potential new employees to pay for training via student loans from the company, work them for a few months and then find an excuse to fire them, and then make them pay the student loans.

given the companies I know that do run these types of businesses, it wouldn't surprise me in the least that that is exactly what they do. Actually, if the OP is so inclined (and seriously did not cause any damage) he might want to investigate the percentage of graduates that are terminated in the first year. If it is a high percentage, this is the kind of thing states AG's would like to know about.

 

[OHRoadwarrior]

given the companies I know that do run these types of businesses, it wouldn't surprise me in the least that that is exactly what they do. Actually, if the OP is so inclined (and seriously did not cause any damage) he might want to investigate the percentage of graduates that are terminated in the first year. If it is a high percentage, this is the kind of thing states AG's would like to know about.

From what I hear, there are a few companies that seem to take any breathing body possessing a DL they can find. A high termination rate is not so odd.

 

[justalayman]

From what I hear, there are a few companies that seem to take any breathing body possessing a DL they can find. A high termination rate is not so odd.

which supports the argument you are doomed to fail so they can collect tuition costs.

 

[OHRoadwarrior]

which supports the argument you are doomed to fail so they can collect tuition costs.

Agree 100%

 

[rayman]

Don't I have a legal right to see my employment file? What are the laws for WI?

Thanks for those comments about the trucking industry- it is accurate- you better be perfect because they have someone to replace you at the drop of a hat. For example the company I went to school with has 5-10 people graduating every week- for which they are guaranteeing a job and mileage.